The Am Law Litigation Daily Names David Tulchin “Litigator of the Week”

March 11, 2011

The March 11 issue of The Am Law Litigation Daily named Mr. Tulchin as its “Litigator of the Week,” for leading the S&C team that secured the dismissal with prejudice of a securities class action against client The Boeing Company on March 7. The Am Law Litigation Daily also featured the win as its top story on March 9.

The decision by the Honorable Suzanne Conlon of the U.S. District Court for the Northern District of Illinois reversed her ruling in October 2010, which sustained the complaint on the basis of testimony from a single confidential source. S&C moved for reconsideration after the confidential source at deposition repudiated every material allegation attributed to him in the complaint, even testifying that he had never before spoken to the plaintiffs' counsel but only to an investigator for the plaintiffs who had tried to pressure him to make allegations that would support the plaintiffs' argument.

In January, the judge put a hold on class certification as she evaluated the reconsideration motion. “It appeared as if we'd gotten the judge's attention on this issue,” Mr. Tulchin told Am Law.

And when Judge Conlon ultimately dismissed the case in an opinion that characterized the plaintiffs lawyers' efforts as “unreliable and at worst fraudulent,” Mr. Tulchin told Am Law the ruling was gratifying because it was the right outcome. “The plaintiffs had only survived Boeing's motion to dismiss because of allegations the complaint ascribed to a confidential informant, and those allegations were based on false information,” Am Law observed.